BRENNAN CENTER FOR JUSTICE

D. Legislative Battles
This year saw a substantial push in several states to reduce or, in some cases, eliminate these programs, and
substantial resistance to those efforts. Of the five states that reduced early voting, four—Florida, Georgia,
Ohio and Tennessee—saw sharp partisan divisions over those reductions. In all four cases, Republicans
had uniform control over the legislative and executive branches, and passed the reductions over frequently
vociferous objection by Democrats. 255 In the fifth state, West Virginia, the law reducing the early voting
period also added early voting on Saturdays for the first time. It received bipartisan support. 256
Until this year, the expansion of early voting seemed unstoppable. In 1972, just two states allowed nofault
absentee voting and five allowed early in-person voting. By 2010, thirty-two states and the District
of Columbia allowed no-fault absentee voting, while thirty states and the District of Columbia allowed
in-person early voting. 257
The Debate
While some of the bills that reduced in-person early voting also put new restrictions on absentee voting by
mail, it was the reduction of in-person early voting that received the most attention, and was the source
Legislation Affecting Early and/or Absentee Voting
Introduced (Maryland, Nevada, New Jersey, New Mexico, North Carolina and Wisconsin.)
Passed (Florida, Georgia, Ohio, Tennessee, and West Virginia.)
voting LAW CHANGES | 31